Ignition Interlocks What They Are & Why We Care Toby Taylor Board of Tests for Alcohol and Drug Influence Oklahoma Impaired Driving Prevention Summit February 27, 2012

Ignition Interlocks What They Are & Why We Care > How does it work? > Sensor technologies and accuracy > Mouth alcohol and environmental influences > NHTSA Model Specifications > Technical standards > Running retest > Device certification and licensing > Installation > Tampering and circumvention > Data recorder > Violation scheme What They Are

Ignition Interlocks What They Are & Why We Care How does it work? > An ignition interlock is a breath-testing device that is installed into a car. > It prevents the car from being started when a pre-set level of alcohol is detected in the breath sample presumably provided by the driver of the vehicle. > O.A.C et seq. Ignition Interlock Devices

Ignition Interlocks What They Are & Why We Care > Semiconductor sensors – not allowed (2003) > Fuel Cell or Electrochemical sensors > Advantages > Device is alcohol-specific and only generates a positive reading if alcohol is detected. > Is used in many breath testing instruments including evidential tests due to the high level of accuracy. > Requires less frequent calibration. > Limitations > Electrochemical sensors while more advanced, are also more expensive than semiconductor sensors. Sensor technology

Ignition Interlocks What They Are & Why We Care > Ignition interlocks containing an electrochemical sensor are accurate in detecting alcohol consumption 99% of the time. > Detects beverage alcohol that is consumed, or alcohol in medications or other ingested products (e.g., cough syrup, mouth wash). > The NHTSA specifications state that the ignition interlock device must prevent the driver from starting the vehicle (even in extreme heat or cold conditions) 98% of the time when the BrAC is.065% or greater (Beirness 2001). Accuracy

Ignition Interlocks What They Are & Why We Care > Mouth alcohol is residual alcohol that is present in the mouth or throat immediately following the consumption of food, drink, mouth spray or medicine that contains alcohol. > Mouth alcohol can register on an interlock device as an alcohol-positive breath sample and can prevent the engine of the vehicle from starting. > This is easily overcome by waiting a few minutes to allow residual alcohol to dissipate, similar to an evidential breath test. > Current technical specifications attempt to factor for mouth alcohol. Mouth alcohol

Ignition Interlocks What They Are & Why We Care > Generally, extreme temperatures have nominal effects on ignition interlocks. > Most interlocks can withstand temperatures ranging from -49 to +185 degrees Fahrenheit and altitudes of up to 11,482 feet (Burger 2001 cited in Bax et al. 2001). > The electrochemical sensor in an interlock device operates at a high temperature. For this reason, a brief warm-up period before the device can analyze a breath sample is essential. Environmental influences

Ignition Interlocks What They Are & Why We Care > Warm-up time typically spans a few minutes and is influenced by environmental and climatic variables. In extreme cold environments, a longer period of 5-10 minutes may be required. > Technological advances have significantly reduced the warm-up period. These include: > detachable handset > wireless device Environmental influences

Ignition Interlocks What They Are & Why We Care > NHTSA developed and published model specifications for ignition interlock devices in 1992 (57 FR 11772). > Stated purpose was to establish performance criteria and testing methods for interlock devices. > Included tests in the following 3 categories: > Safety Features. Any specification related to insuring that the BAIID will prevent a driver with a BrAC above the alcohol set point from driving. > 21 Tests including: accuracy, breath sampling, Calibration Stability, Temperature Ranges and Extremes, Vibration, RFI/EMI, and Tampering and Circumvention. NHTSA model specifications

Ignition Interlocks What They Are & Why We Care > Utility Features. Any specification related to insuring that the BAIID will function reliably and not interfere with driving by operators whose BrAC’s are below the alcohol set point. > 9 “Tests” including: accuracy / precision, clearance rate test, warm up test, low temperature provisions, and altitude (user warning). NHTSA model specifications

Ignition Interlocks What They Are & Why We Care > Optional Features. Any specification that is not specifically recommended at the time but may be necessary to include at some future issuance of certification standards. Non-inclusion at the time was due to lack of evidence that failure to include constituted a significant problem. > 5 “Tests” including: BrAC readout, sample acceptability, smoke, dust, and alert conditions. > Revised NHTSA specifications were published in Federal Register for comment in 2010 (75 FR 61820) and do include NHTSA testing for inclusion on a CPL.

Ignition Interlocks What They Are & Why We Care > Only apply to installations pursuant to an Installation Authority. > Oklahoma’s current configuration: > Startup set point = 0.02 g/210L. > Free restart within 2 minutes. > Anti circumvention feature(s) activated. Technical standards

Ignition Interlocks What They Are & Why We Care > The purpose of the running retest is to thwart “curbside service.” > First retest occurs randomly 5 – 15 minutes. > Subsequent retests 15 – 45 minutes. > Five minutes to complete the test. > Set point = 0.03 g/210L BrAC. > Failure to deliver a clean and proper sample within the time frame allowed will result in an auditory or visual warning for the driver to pull over and stop driving. Running retest

Ignition Interlocks What They Are & Why We Care > The alarm will persist until the vehicle is turned off. > The interlock will not shut off a running engine. > The event will be recorded in the logger. > The interlock device will reset, forcing the vehicle to be returned to a service center within 5 days. > Failure to report to the service center will result in a permanent lock-out of the vehicle. Running retest

Ignition Interlocks What They Are & Why We Care > No device may be used in Oklahoma unless certified by the BOT. > Annual process that includes: > Application w/payment ($1,000.00). > Lab certification/NHTSA Model Specifications. > Certificate of insurance ($1,000,000/$3,000,000). > Configuration profile. Device certification

Configuration Profile

Ignition Interlocks What They Are & Why We Care > No device may be used in Oklahoma unless certified by the Board of Tests. > Annual process that includes: > Application w/payment ($1,000.00). > Lab certification/NHTSA Model Specifications. > Certificate of insurance ($1,000,000/$3,000,000). > Configuration profile. > Field test. Device certification

Ignition Interlocks What They Are & Why We Care > Installation of a device into a state vehicle. > Induce general and specific events. > Field log. > Detail log reports. > Violation reports, if applicable. > Compare both logs to ensure the device responds appropriately and records the correct information. Field test

Ignition Interlocks What They Are & Why We Care > No device may be used in Oklahoma unless certified by the BOT. > Annual process that includes: > Application w/payment ($1,000.00). > Lab certification/NHTSA Model Specifications. > Certificate of insurance ($1,000,000/$3,000,000). > Configuration profile. > Field test. > No modification without approval. Device certification

Ignition Interlocks What They Are & Why We Care > All service centers must be licensed by the BOT and located in a fixed facility which: > Is staffed with at least one licensed technician, and > Properly and successfully accommodates necessary services related to a specific device. > Annual process that includes and application w/payment ($100.00). > Each service center is physically inspected annually by BOT staff. > Additional inspections as needed. Service center license

Ignition Interlocks What They Are & Why We Care > No person may perform any services related to any device without being duly licensed by the BOT. > Annual process. > Initial process includes and application w/payment ($35.00) and the following: > Criminal history background, > Must be at least 18 years old, > Possess a valid driver license, and > Complete and pass a knowledge and skills exam. > Renewal process includes and application w/payment ($25.00) - same requirements as the initial license. Technician license

Ignition Interlocks What They Are & Why We Care Installation > Original interlock device installations can only be performed by a licensed technician in a licensed service center. > 5 Manufacturers/devices > 51 licensed service centers > 99 licensed technicians > Board of Tests website: -or – ignitioninterlock.ok.gov

Ignition Interlocks What They Are & Why We Care Installation > On average, the installation of the interlock device takes approximately 45 minutes. > It can take up to 2 hours depending on the experience of the installer and sophistication of the vehicle electronics. > During the installation the participant receives information about the device and learns how to deliver a proper breath sample.

Ignition Interlocks What They Are & Why We Care Installation > Additionally, the licensed technician will: > Perform maintenance and calibration on the interlock device. > Discuss reportable violations with the participant. > Provide the participant with an installation verification form. > Installations performed outside the state of Oklahoma apply to the Board of Tests for Alcohol and Drug Influence (BOT) Director for authority to issue an installation verification form.

Installation Verification Form

Ignition Interlocks What They Are & Why We Care > Sealed wiring > Special tape wrapped around all wiring and circuits to protect them and to provide evidence of tampering > Temperature and pressure gauges > Used to detect ‘non-human’, stored, or filtered breath samples. > Layers of testing for temperature, pressure, duration, moisture, and alcohol content of sample. > The emergency override feature is not available on any ignition interlock device in Oklahoma. > Visual inspection at least every 65 days. Tampering and circumvention

Ignition Interlocks What They Are & Why We Care Tampering and circumvention

Ignition Interlocks What They Are & Why We Care Tampering and circumvention

Ignition Interlocks What They Are & Why We Care Tampering and circumvention

Ignition Interlocks What They Are & Why We Care Tampering and circumvention > Blowclean is a device that allows you to never have false positives on you Ignition Interlock Devices and always allow you to start up your car. It’s a simple device which you can carry anywhere, in your car or purse. > Price: $ ea + Flat-rate shipping & handling: $8.95. > 30-Day Money-back Guarantee. 1 Year Manufacture Warranty. > re multiple systems available to limit opportunities for non-drivers to provide a breath sample: > breath pulse > hum-tone > blow and suck > temperature/pressure > Camera units > GPS tracking > Real time Wi-Fi violation reporting

Tampering and circumvention Ignition Interlocks What They Are & Why We Care > There are multiple systems available to limit opportunities for non-drivers to provide a breath sample: > breath pulse > hum-tone > blow and suck > temperature/pressure > Camera units > GPS tracking > Real time Wi-Fi violation reporting

Ignition Interlocks What They Are & Why We Care > Each interlock device contains a data recording device to record the day, date and time of every vehicle event (e.g., start tests, re-tests, fails, etc.). > Backups of the data protect against loss even if there are power disruptions or tampering attempts. > Data collection enables authorities to monitor and respond to participant drinking and driving behavior. Data recorder

Ignition Interlocks What They Are & Why We Care > Violation definitions, device responses, and report forms are standardized. > Violations rise to the level of “Reportable Violations” based on the type and/or quantity of the specific violation. > Reportable violations must be reported to the Installation Authority and/or Monitor within five business days. > If the IID is District Court ordered, the J&S must identify the person to whom violations should be reported – the “Monitor”. Violation scheme

Ignition Interlocks What They Are & Why We Care > Reportable violations are as follows: > Three penalty fails, at startup, within a fifteen minute time frame. > Penalty fail set point: > 0.03 g/210L for persons under 21 years of age. > 0.09 g/210L for persons 21 years of age and over. > Why three fails and not just one? Violation scheme

Ignition Interlocks What They Are & Why We Care Violation scheme

Ignition Interlocks What They Are & Why We Care > Any illegal start. > The starting of a vehicle equipped with a device without successfully completing and passing the required breath alcohol test. > Retest violations. > Five minutes to complete the test. > Set point = 0.03 g/210L BrAC. > Could possibly blow 3 times in 5 minutes. > Three retest violations constitute a reportable violation. Each retest violation thereafter constitutes a reportable violation. > Learning curve. Violation scheme

Ignition Interlocks What They Are & Why We Care > Removal of a device except: > Upon receipt of documentation from the Installation Authority or Monitor authorizing removal. > The vehicle is being repaired. The participant must inform the licensed service center at least every eight days as to the anticipated date of completion of repairs, or > The vehicle is being replaced. The removal and reinstallation of the device in the subsequent vehicle must be accomplished within eight days of the removal. Violation scheme

Ignition Interlocks What They Are & Why We Care > Tampering. > Any act or attempt to alter, interfere, disable, defeat or circumvent the installation or operation of the device. > Three penalty fails, an illegal start and/or any retest violations shall result in a “violation reset”. > Upon activation, the device will initiate a unique audible and/or visual cue to warn the driver if a permanent lockout in five days from the violation reset. > Failure to return to the licensed service center will result in a permanent lockout. Violation scheme

Violation Report We can obtain log-in credentials for Monitors to access the manufacturer’s websites to view detail log reports.

Mechanic’s Affidavit

Ignition Interlocks What They Are & Why We Care > Violation occurrence – finding of fact. > Possible witnesses: > Ignition interlock technician, > Manufacturer representative, > Individuals named on a Mechanic’s Affidavit, > Other witnesses as necessary. Violation scheme

Ignition Interlocks What They Are & Why We Care > 22 O.S. 991a Sentence - Powers of the Court > 47 O.S Issuance of License or Card > 47 O.S Duration of Revocation… > 47 O.S Repeat Offenders…Ignition Interlock… > 47 O.S Persons Under the Influence of Alcohol > 47 O.S a Allowing Use of Motor Vehicle Without Ignition Interlock Device – Penalty > 47 O.S Driving Under Influence of Alcohol > 47 O.S Modification of Revocation..Ignition Interlock Device Under Influence > 57 O.S. 612a Processing of Persons Convicted of Driving Under Influence Why We Care

Ignition Interlocks What They Are & Why We Care > 22 O.S. 991a Sentence - Powers of the Court > 47 O.S Issuance of License or Card > 47 O.S Duration of Revocation… > 47 O.S Repeat Offenders…Ignition Interlock… > 47 O.S Persons Under the Influence of Alcohol > 47 O.S a Allowing Use of Motor Vehicle Without Ignition Interlock Device – Penalty > 47 O.S Driving Under Influence of Alcohol > 47 O.S Modification of Revocation..Ignition Interlock Device > 57 O.S. 612a Processing of Persons Convicted of Driving Under Influence Why We Care

Ignition Interlocks What They Are & Why We Care > 47 O.S Issuance of License or Card Effective 11/01/2011 > (4)(F) A person subject to an order for the installation of an IID shall…submit their driver license for a replacement. The replacement driver license shall bear the words "Interlock Required" and such designation shall remain on the driver license for the duration of the order requiring the IID. Why We Care

“Interlock Required”

Ignition Interlocks What They Are & Why We Care > 47 O.S Duration of Revocation of Driver License. Effective 11/01/2011 > (A) The driving privilege of a person who is convicted of any offense…paragraph 2 or 6 of subsection A of Section 6-205…or…has refused to submit to a test or tests as provided in Section 753…or…whose alcohol concentration is subject to the provisions of Section 754 of this title, shall be revoked or denied by the Department of Public Safety for the following period, as applicable: > (1) first revocation one hundred eighty (180) days, may be modified. Why We Care

Ignition Interlocks What They Are & Why We Care > (2)(b) second revocation w/in 10 years for one (1) year, may be modified. Provided, further, whether or not the person is eligible for, applies for, or is granted a modification, the person shall be required to install an ignition interlock device or devices, pursuant to 47 O.S , during the mandatory period of revocation. > (3)(c) third and subsequent revocation w/in 10 years for three (3) years, may be modified. Provided, further, whether or not the person is eligible for…, the person shall be required to install an ignition interlock device or devices, pursuant to 47 O.S , during the mandatory period of revocation. Why We Care

Ignition Interlocks What They Are & Why We Care > 47 O.S Repeat Offenders …Ignition Interlock Device. Effective 11/01/2011 > (A) Whenever the records of the Department of Public Safety reflect the revocation of the driving privilege of a person as provided in subsection A of Section of this title, the Department shall require the installation of an ignition interlock device, at the expense of the person, as provided in subsection D of this section, after the mandatory period of revocation, as prescribed by Section of this title, for the following period, as applicable: Why We Care

Ignition Interlocks What They Are & Why We Care > 47 O.S Repeat Offenders …Ignition Interlock Device. Effective 11/01/2011 > (1) First revocation (refused, or  0.15) for a period of one and one-half (1 1/2) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; > (2) Second revocation, for a period of four (4) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; or Why We Care

Ignition Interlocks What They Are & Why We Care > (3) Third or subsequent revocation, for a period of five (5) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer. > (B)DPS classification as an “Excessive User”, upon request for reinstatement. > (D)(1) Requirements shall be a prerequisite and condition for reinstatement of driving privileges. > (E) Installation of an ignition interlock device…shall run concurrently with a court order, if any, for installation of an ignition interlock device, or devices pursuant to the same conviction. Why We Care

Ignition Interlocks What They Are & Why We Care > 47 O.S a Allowing Use of Motor Vehicle Without Ignition Interlock Device – Penalty > (A) No person shall knowingly authorize or permit a motor vehicle owned or under the control of that person which is not equipped with an IID to be driven upon any street or highway of this state by any person who is required to have an IID installed. > (B) No person shall make an overt or conscious attempt to physically disable, disconnect or wire around an IID, unless certified pursuant to rule or Oklahoma Statutes, or intentionally fail to return an IID when it is no longer required in the vehicle or upon request by the owner of the device. Why We Care

Ignition Interlocks What They Are & Why We Care > O.A.C. 40: (3) Display tamper seals and a warning label that states: "Any person attempting to physically disable, disconnect or wire around this device or who intentionally fails to return the device upon request by the owner may be guilty of a misdemeanor under Oklahoma law (47 O.S. §11-902a)." > If the device consists of separate pieces (e.g. a handset and separate base unit) a separate warning label shall be placed on each piece. Why We Care

Ignition Interlocks What They Are & Why We Care Why We Care

Ignition Interlocks What They Are & Why We Care > 47 O.S Modification of Revocation..Ignition Interlock Device > (B) IID required as a prerequisite and condition of any modification… approved by the BOT…upon every motor vehicle operated by the person...any vehicle owned or leased, as reflected on the vehicle registration, by an employer of the person for use by the person, except when the employer requests the ignition interlock device not be installed. > Note: A modification occurs when DPS “modifies” the revocation allowing the licensee to drive during the period of revocation. Why We Care

Ignition Interlocks What They Are & Why We Care Toby Taylor Oklahoma Board of Tests for Alcohol and Drug Influence P.O. Box Oklahoma City, Oklahoma (405)